Mukono court dismisses Kiyaga’s recount bid, upholds Kaggwa win

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The Mukono Chief Magistrate’s Court has dismissed an election petition filed by Ntenjeru–Kisoga town council chairperson Hudson Robinson Kiyaga, who was challenging the declaration of his rival, Mike Kaggwa, as the duly elected chairperson.

Kiyaga had petitioned the court seeking a vote recount following his narrow defeat in the Ntenjeru–Kisoga Town Council chairperson race. A candidate of the National Resistance Movement (NRM), Kiyaga, lost to independent candidate Kaggwa by just seven votes in a closely contested election.

According to Mukono district returning officer Emily Amongin, Kaggwa garnered 2,197 votes while Kiyaga secured 2,190.

Kaggwa, the first respondent, was represented by lawyer John Nalera, while Apio Katende appeared for the second respondent, the Electoral Commission. Kiyaga was represented by counsel Benon Sseryazi.

Before hearing the substantive petition, Chief Magistrate Paul Matyama directed Kiyaga, through his lawyer Benon Sseryazi, to file supporting submissions demonstrating that the court had jurisdiction to entertain the matter.

On Tuesday (February 24), in a packed courtroom largely attended by Kaggwa’s supporters, Matyama ruled that the court lacked jurisdiction to handle a vote recount petition arising from a local government election. 

Matyama noted that Section 74 of the Parliamentary Elections Act, which the applicant relied on in filing the petition, does not apply to local government elections.

He therefore dismissed the petition with costs awarded only to Kaggwa, the first respondent.

Speaking to the media shortly after the ruling, Kaggwa welcomed the court’s decision, saying it affirmed the will of the voters.

Mike Kaggwa, the Ntenjeru-Kisoga Town Council chairperson elect celebrating with his supporters after winning the case. (Photo by Henry Nsubuga)

“Kiyaga has been a leader for the last 30 years. The same people who have been voting for him decided this time to vote for another person. It is prudent that he allows their decision to stand, even when it is not in his favour,” Kaggwa said.

The 35-year-old Kaggwa has been serving as councillor for Bugoye parish at Ntenjeru–Kisoga town council.

Hudson Kiyaga, the Ntenjeru-Kisoga Town Council chairperson who lost the petition. (Photo by Henry Nsubuga)

Kiyaga previously represented Ntenjeru subcounty at the district council for five years before being elected town council chairperson, a position he held for two terms.